SOUTHEASTERN STAFFING v. FL. DEPT. OF INS.

No. 97-4460.

728 So.2d 248 (1998)

SOUTHEASTERN STAFFING SERVICES, INC., Sunshine Staff Leasing, Inc.; Jet Enterprises, d/b/a Fat Boys' Barbeque of Sebring; ADF International, Inc.; Staffing Concepts, Inc.; American Eagle Masonry; Teamstaff, Inc.; And R & J Crane Service, Inc., Assessees and Appellants, v. FLORIDA DEPARTMENT OF INSURANCE, as Receiver of United States Employer Consumer Self Insurance Fund of Florida, and Florida Workers' Compensation Insurance Guaranty Association, Inc., Receivers and Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 5, 1999.


Attorney(s) appearing for the Case

F. Townsend Hawkes of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, Attorneys for Assessee and Appellant Southeastern Staffing Services, Inc.

R. Dean Cannon, Jr. of Gray, Harris & Robinson, P.A., Orlando, Attorney for Assessees and Appellants Sunshine Staff Leasing, Inc., Jet Enterprises d/b/a Fat Boys' Barbeque of Sebring, and ADF International, Inc.

Thomas J. Jones and Susan L. Turner of Holland & Knight, L.L.P., Tallahassee, Attorneys for Assessees and Appellants American Eagle Masonry, and Teamstaff, Inc.

Eric B. Tilton of Gustafson, Tilton, Henning & Metzger, P.A., Tallahassee, Attorneys for Assessees & Appellants Staffing Concepts, Inc., and R & J Crane Service, Inc.

Thomas J. Korge, Mark J. Heise, Michael A. Hanzman, and Christopher G. Korge of Hanzman, Criden, Korge, Haykin, Ponce & Heise, P.A., Miami; and Dennis Threadgill and Mary Schwantes of the Florida Department of Insurance, Division of Rehabilitation and Liquidation, Tallahassee, Attorneys for Receiver and Appellee Florida Department of Insurance.

Jacob A. Armpriester of Panza, Maurer, Maynard & Neel, P.A., Fort Lauderdale; and Kendall Coffey of Coffey, Diaz & O'Naghten, L.L.P., Miami, Attorneys for Receiver and Appellee Florida Workers' Compensation Insurance Guaranty Association, Inc.


BOOTH, J.

This appeal arises from an order of the trial court granting partial summary judgment in favor of Appellee Department of Insurance ("Department") acting as Receiver of an insolvent workers' compensation self-insurance fund (Fund). The order approved the Department, as Receiver, assessing Fund members for workers' compensation claims and awards, and administrative expenses of the receivership. Appellants challenge the right of the Receiver to assess members...

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